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69 Fla. L. Rev. 1251 (2017)
Revenge Porn Reform: A View from the Front Lines

handle is hein.journals/uflr69 and id is 1289 raw text is: REVENGE PORN REFORM: A VIEW FROM THE FRONT LINES Mary Anne Franks' Abstract The legal and social landscape of revenge porn has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm revenge porn. As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term revenge porn had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many of these developments. In 2013, I argued that nonconsensual pornography required a federal criminal response and drafted a model statute to this effect. That statute served as the template for what eventually became the federal Intimate Privacy Protection Act of 2016, as well as for numerous state laws criminalizing nonconsensual pornography. As the Legislative and Tech Policy Director of the Cyber Civil Rights Initiative, I have worked with tech industry leaders, legislators, attorneys, victims, and advocates to develop policies and solutions to combat this abuse. This Article is an account from the front lines of the legislative, technological, and social reform regarding this evolving problem. INTRODUCTION: LADY GODIVA'S RIDE................ ............ 1252 1. THE REVENGE PORN REFORMATION ....................1 257 A. Defining the Problem .......................1 257 1. Scope and Impact ............................ 1261 2. Case Studies ................... ....... 1264 a. Rehtaeh Parsons ............... .....1 265 b. Judge Lori Douglas ........... ........ 1265 c. Audrie Pott ........................ 1266 d. Dr. Holly Jacobs ................ .... 1267 B. Tech Developments.............. ............. 1270 C. Victim Support and Outreach Developments ............... 1277 D. Legal Developments .............................. 1278 * Professor of Law, University of Miami School of Law. I am gratcful to Christopher Bracey, Mary Anne Case, Daniclle Citron, Carrie Goldberg, Holly Jacobs, Orin Kerr. Andrew Koppelman, Ira C. Lupu, Richard McAdams, Eric Posner, Naomi Schoenbaum, Congresswoman Jackie Speicr, Lior Strahilivetz, JoAnne Sweeny, Jason Walta, participants in the University of Chicago Family, Sex, and Gender Workshop, and participants in the George Washington University Law School Work in Progress Series. Thank you to IEmily Cabrera for research assistance. 1251